It there a statue of limitation of a will being filed in Georgia probate court.
answered on Aug 31, 2022
If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years... Read more »
Nephew predeceased her (decedent) & never married. He was son of her sister (hence nephew), sister (mother) predeceased the son. Father of son (who is also now deceased) remarried & had two children by another mother, so the nephew would technically have a half brother/sister.... Read more »
answered on Aug 30, 2022
The will, as long as it's valid, is what controls in this situation. You have to the look to the intent of the testator and what is to happen to the remainder shares when a beneficiary is no longer available to receive under the will.
Ga Code 53-4-23a (2020) says
a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »
answered on Aug 30, 2022
This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.
Within the estate without an attorney? I want to sell one of my dads houses before it goes into foreclosure, my sister lives in the home but can no longer pay the mortgage. need advice quick in Macon Ga
answered on Aug 16, 2022
POAs are terminated by the Principal's death. Since the Will was not Probated, it has no effect. The Heirs At Las of the deceased owner are the owners of the real property. Contact a competent GA attorney to determine Heirship, then draft an Affidavit or the Deed stating the... Read more »
answered on Jul 7, 2022
Whether probate is necessary depends on how your mother has the house titled at her death.
answered on Jun 28, 2022
Apparently they are. A quick internet search revealed this:
To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to... Read more »
I am the sole person, listed as beneficiary & awarded in probate court.
answered on Jun 17, 2022
You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.
answered on Apr 26, 2022
If you currently live with your brother and can show the court that he was violent and will likely be violent in the future, you may have a valid claim for a Temporary Protective Order.
answered on Apr 12, 2022
If a child is legally adopted in Georgia, he or she will have rights to inherit from their parents the same as any child who is the biological child.
I am her daughter and I've been caring for her for approximately a year I live out of state, and she's not wanting to move with me up to Knoxville because she's 93 years old and bedridden. I'd like to know if I can legally sell the house to pay for an assisted living place for... Read more »
answered on Apr 2, 2022
It is not possible to answer your questions without actually reviewing the powers of attorney that you hold. You also would be well served by consulting with an elder law attorney to not only review the powers of attorney but also give you some advice about Medicaid crisis planning.
The sister was actually suppose to get property but the son swapped the names on the will
answered on Apr 1, 2022
Sister needs to hire a competent GA attorney to contest the Probated Will.
For example the young ladies 21st birthday is coming up and she has made requests on the things that she would like to do. The trustee has told the beneficiary no that she can not shop for clothes and shoes for the trip and that she can not get her hair done nor can she get a manicure or a pedicure... Read more »
answered on Mar 21, 2022
Your question cannot be answered in a forum meant for answering questions of a general nature. Your question is very specific and cannot be answered without reviewing the terms of the trust. Every trust is unique and there are no general rules that can be provided for when a distribution is... Read more »
If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »
answered on Mar 11, 2022
If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights... Read more »
Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.
answered on Mar 7, 2022
If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.
US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.
Many Thanks
answered on Mar 3, 2022
The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.
answered on Feb 23, 2022
Are you referring to ensuring lawyers are legal to practice in the state? You can call the state bar to make an inquiry regarding that. They will also tell you if there are complaints against an attorney.
My sister has agreed to pay me, but now that we are in probate, I don't know if I should send a "bill" or not.
answered on Feb 10, 2022
I would first like to extend my sympathy regarding the loss of your father. The short answer to your question is yes. You should file a claim against the estate in probate. Sending out a "bill" to your sister is not sufficient. In order to protect your claim a properly filed claim... Read more »
Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... Read more »
answered on Jan 10, 2022
No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.
I have notarized POA on my Dad, drawn up by attorney in 1992. He can no longer sign checks and bank won't honor POA as is. How do you certify it with court? It is a properly notarized document already.
answered on Dec 3, 2021
Your question cannot be answered without reviewing the POA to try to determine what exactly the bank might be concerned about. It is possible that the POA only becomes effective upon incapacity, and so the bank wants proof of incapacity of your father. It that is the case, you need to get a... Read more »
My mom had no will.She has no estate or assets besides her car. My sister says i can have the car. do we need to probate?
answered on Nov 6, 2021
How do you plan to get title to the car? You may still have to do a small estate probate. Did your mom own any real estate? I suggest you do a consultation with an estate attorney.
Ellen Deutsch Taylor
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